In re Harper

KOHLSAAT, District Judge.

This matter comes on to be heard upon demurrer of the bankrupt to the petition herein, on the ground that the specific facts stated in the petition do not show that Harper “suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having, at least five days before a sale or final disposition of any property affected by such preference, vacated or discharged such preference.” The act complained of in the petition as in contravention of said' provision of the bankrupt act was the permission by Harper of a judgment…